InKind Conditions

InKind Conditions. Means that on the relevant Exercise Date and each of the ten (10) Trading Days preceding such Exercise Date, (i) the Weighted Average Price per share of the Common Stock on the Principal Market is at least $0.15 per share (appropriately adjusted for any stock split, stock dividend, stock combination, stock buy-back or other similar transaction), (ii) there shall not have occurred and be continuing either (A) an Event of Default (as defined in the Notes) under the Notes or (B) an event that with... the passage of time or giving of notice would constitute an Event of Default under the Notes, (iii) the Registration Statement is effective and available for resale of the Warrant Shares and neither such Registration Statement nor the prospectus included therein contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading and (iv) after giving effect to the applicable In-Kind Make Whole, the number of shares of Common Stock then registered in the Registration Statement is equal to at least 150% of the of the number of Common Shares as shall from time to time be necessary to effect the exercise of all of this Warrant. View More